The Afterlife of ‘Death Panels’ Still Haunts Health Reform

The Afterlife of ‘Death Panels’ Still Haunts Health Reform

False accusations that the health reform law would spawn "death panels" continue to cause political problems. A renewed push to strike down the Independent Payment Advisory Board relies on similar claims of government rationing.

Two years ago this week, the “death panel” myth was born — and despite bipartisan efforts to kill it, the lie is still alive and plaguing would-be reformers.

A toss-away line in a July 2009 New York Post opinion piece helped crystallize fear that the government’s proposed health reforms would ration care. Within weeks, most of the nation was aware of the death panel lie and a sizable minority believed it.

While some Republican lawmakers fought the rumor, the death panels eventually claimed at least one victim: Sec. 1233 of the House health reform proposal. The provision would have reimbursed physicians when providing voluntary end-of-life counseling sessions to Medicare beneficiaries.

Now, the Independent Payment Advisory Board — hailed by some as a reform with true potential to control costs — is under attack on similar grounds of care rationing. In terms of direct impact, IPAB may be unrivaled amid ACA’s efforts to suppress health spending. But will the mounting rhetoric lead Democrats to sacrifice another provision?

Why Rumors Take Hold in Health Reform

Brendan Nyhan, a Robert Wood Johnson Foundation scholar in health policy and assistant professor at Dartmouth University, told California Healthline that the complexities of health care allow rumors to take root and effectively derail potential reforms.

Rather than debate philosophical principles — do Americans have a constitutional right to health care? — opponents of reform have successfully advanced factual-sounding arguments that prove tough to rebut, Nyhan noted.

For example, the 1988 Medicare Catastrophic Coverage Act drew fire from the National Committee to Preserve Social Security and Medicare, which contended that the government underestimated the number of seniors who would need to pay new premiums. The committee launched a direct mail campaign that helped force legislators to repeal MCCA within 16 months.

More recently, President Clinton’s mid-1990s effort to reform health care was partly undone by fears of limited doctor choice, backed by a memorable ad campaign.

These arguments tend to rely on “status quo bias,” Nyhan said, playing on many Americans’ fears that reforms may take away current services and leave them worse off. “It’s one of the most successful framing devices [in political rhetoric] and especially scary because the stakes are so high” in health care, he notes.

Need for Real Discussion on End-of-Life Care, Cost Containment

Months after the health reform law passed, the nation seems even less ready to have honest discussion about rising Medicare costs or end-of-life care.

Although lawmakers are constantly warned to rein in Medicare spending, concern that older voters will punish them at the ballot box keeps legislators from significantly overhauling the program, according to a recent New England Journal of Medicine study. And the latest efforts to advance reforms quickly stall in the still-charged political climate, even if some seniors expressly want to see changes.

For example, a report released last week by the Center to Advance Palliative Care found that 95% of seriously ill patients and their families would prefer more education about palliative care. Yet the Obama administration — seeking to avoid potential attacks on the reform law — immediately struck down an end-of-life counseling provision after it caught national attention in January.

Playing on these misperceptions is a bipartisan problem. While Republicans were the loudest advocates of the death-panel myth in ACA — and now critique IPAB on similar grounds — many Democrats summoned similar fears to lambast recent Republican proposals to reform Medicare, rather than objectively debate the plans’ merits.

IPAB Under Attack Again

Richard Frank, who until recently served as HHS’ deputy assistant secretary overseeing long-term care, told Politico that the current rhetoric means policymakers “have to be very careful when [they] talk about any of these issues.” And Democrats’ support for IPAB must walk that fine line.

The board — created under the federal health reform law and made up of 15 experts — would recommend how Congress should reduce Medicare spending if the program’s spending grows too fast. Although IPAB is designed to include various health care stakeholders and researchers, the panel has been steeped in controversy since it was first floated in the 2009 reform debate. Republicans and other opponents of IPAB are reviving arguments that first emerged when discussing end-of-life counseling: the board takes decision-making authority away from patients and physicians, some warn.

Even some Democrats have raised concern that the panel would remove significant decision-making powers from Congress. Seven House Democrats, including Rep. Pete Stark (D-Calif.), recently co-sponsored Republican legislation (HR 452) that would repeal IPAB. However, these Democrats have refrained from calling IPAB a rationing board, although one warned that the commission is “the least imaginative option and most unlikely to result in the kind of health care we know seniors and Americans deserve.”

IPAB received spotlight treatment last week, when HHS Secretary Kathleen Sebelius defended the plan to House Budget Committee members, including Chair Paul Ryan (R-Wis.). The clash illustrated how rhetoric over health reform has evolved to eclipse policy goals, on both sides of the aisle. Sebelius took shots at Ryan’s proposal to reform Medicare, which she previously warned could lead to patients “[dying] sooner,” while Ryan argued that IPAB gives too much authority to unelected officials.

Yet Ryan faces his own political ghost when critiquing Democrats’ proposed commission: the GOP leader proposed his own version of IPAB in May 2009, according to The Incidental Economist’s Don Taylor.

Even if IPAB survives lawmakers’ attempts to strike it down, there’s no guarantee that the Obama administration will be able to find policy experts willing to join the commission, let alone endure a confirmation process. As California Healthline keeps an eye on the panel’s future, here’s what else is making news around the nation.

Rolling out Reform

Effects on Employers

In the States

On the Hill

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